Ku. Sarita Vijay Ravtel vs The S. T. Certificate Scrutiny ...
2025 Latest Caselaw 2930 Bom

Bombay High Court

Ku. Sarita Vijay Ravtel vs The S. T. Certificate Scrutiny ... on 28 February, 2025

Author: Avinash G. Gharote

Bench: Avinash G. Gharote

2025:BHC-NAG:2043-DB
                                                   1                  31-7274-2024-J.odt


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            NAGPUR BENCH AT NAGPUR

                             WRIT PETITION No. 7274 OF 2024

                  PETITIONER:        :        Ku. Sarita Vijay Ravtel,
                                              Age about 35 years,
                                              Occupation:Service (Police Constable)
                                              Near Buddha Vihar, Jagdish Nagar,
                                              Gitti Khadan, Katol Road,
                                              Nagpur - 440013

                                                   Vs.
                  RESPONDENTS : 1             The Scheduled Tribe Certificate
                                              Scrutiny Committee, Nagpur Through
                                              its Member Secretary, Giripeth,
                                              Nagpur - 440 010

                                         2    The Police Commissioner, Nagpur City
                                              Nagpur, Civil Lines, Nagpur - 440001


                       Mr. N.D. Jambhule, Advocate for Petitioner
                       Mr. A.A. Madiwale, AGP for Respondent Nos.1 and 2

                                             CORAM:      AVINASH G. GHAROTE AND
                                                         ABHAY J. MANTRI, JJ.

                                             DATED : 28th FEBRUARY, 2025.


                               ORAL JUDGMENT (Per : AVINASH G. GHAROTE, J.)

1. Heard.

2. Rule. Rule made returnable forthwith.

The learned Assistant Government Pleader appears

for the respondent Nos.1 and 2.

2 31-7274-2024-J.odt

3. The impugned order dated 05.12.2023,

passed by the respondent - Committee indicates

that the Committee has not decided the claim of the

petitioner of belonging to "Kol Scheduled Tribe", on

its own merits, but has returned the application to

the petitioner on account of not having submitted

any evidence, in respect of the persons in the

genealogical tree. In our considered opinion, once a

claim is received by the Committee, it has no

jurisdiction to return the claim back to the

applicant, but is statutorily enjoined to decide it on

merits in one way or the other. In case, the

Committee does not find sufficient evidence and

documents produced by the claimant / applicant to

substantiate the claim, it has no other choice but to

reject such claim, but in any case not to return back

the application. The learned Assistant Government

Pleader does not dispute this proposition. The

impugned order dated 05.12.2023 (page 18),

passed by the Committee is, therefore, quashed and

set aside and the matter is remitted back to the 3 31-7274-2024-J.odt

Committee for decision on merits in terms of the

law applicable in one way or the other, within a

period of eight weeks from today.

Rule is made absolute in above terms.

(ABHAY J. MANTRI,J.) (AVINASH G. GHAROTE,J.)

MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 28/02/2025 16:59:23